How to claim Maternity Benefits: A Guide to Notice and Medical Proof under the Act

The Maternity Benefit Act, 1961 ("the Act") was enacted to regulate the employment of women in establishments during the period before and after childbirth and to provide for maternity benefits and certain other connected entitlements.

A pivotal provision within this legislation is Section 6, which outlines the procedural framework for a woman to claim her rightful maternity benefits. This article offers a comprehensive legal analysis of the requirement of notice and the production of evidence as mandated by Section 6 of the Act, highlighting the interconnected responsibilities of employees and employers.

Requirement of Notice under Section 6 of the Act

Section 6 of the Maternity Benefit Act, 1961, lays down the procedural requirement for a woman entitled to maternity benefits to give notice to her employer. This notice serves as formal intimation of her intention to avail of the benefits and to abstain from work.

Sub-section (1) stipulates that the notice must be in writing and in the prescribed form. It should clearly state that the maternity benefit and any other amount payable under the Act may be paid to her or to a nominee specified in the notice. Importantly, it must also include a declaration that she will not undertake employment in any other establishment during the period in which she receives the benefit, thereby reinforcing the Act's objective of ensuring rest and recovery.

The timing of this notice is addressed in Sub-sections (2) and (3). A pregnant woman is required to mention the date from which she intends to be absent from work, which cannot be earlier than six weeks before her expected date of delivery. This advance notice enables the employer to make necessary arrangements for her absence. However, recognising that certain circumstances may prevent a woman from giving such notice during pregnancy, Sub-section (3) provides a window for her to submit the notice “as soon as possible after the delivery.”

Production of Evidence: Substantiating the Claim

While the notice initiates the claim, the actual disbursement of maternity benefits by the employer is contingent upon the production of prescribed evidence. Sub-section (5) of Section 6 delineates a two-stage process for payment, each supported by specific documentary proof.

1. Proof of Pregnancy

For the period preceding the expected date of delivery, the employer is obligated to pay the maternity benefit in advance upon production of “such proof as may be prescribed” that the woman is pregnant. This proof is typically in the form prescribed under the Maternity Benefit Rules applicable in the State where the establishment operates or where the employee resides. Usually issued by a registered medical practitioner, this certificate confirms the pregnancy and the expected date of delivery, thereby ensuring the legitimacy of the claim.

2. Proof of Delivery

Following the delivery, the amount due for the subsequent period must be paid within forty-eight hours of the production of proof that the woman has delivered a child. The Rules framed under the Maternity Benefit Act provide further clarity on the format and nature of acceptable documentation. Specifically, under the Haryana Maternity Benefit Rules, such proof may include certificate in Form ‘C’ (notice of birth), Form ‘E’ (certificate of delivery or miscarriage), or a certified extract from a Birth Register maintained under any law for the time being in force. This ensures both verification and timely payment, while also safeguarding the employer against potential misuse of the benefit.

In cases where a woman fails to submit the prescribed proof of childbirth, the employer may lawfully withhold the payment of the maternity benefit for the post-delivery period. However, the Act does not entirely bar relief in such circumstances. If the woman is otherwise eligible but is genuinely unable to produce Form C, E, or a certified birth extract, she may approach the Inspector under Section 6(6) for appropriate redressal. The Inspector has the authority to order the employer to release the payment upon being satisfied of her entitlement, thereby ensuring that procedural challenges do not unjustly deprive a woman of her lawful benefit.

Sub-section (4) imposes a corresponding obligation on the employer to permit the woman to remain absent from the establishment during the period for which she receives maternity benefits, upon receipt of such notice.

Failure to Give Notice: A Shield for the Vulnerable

Recognising the potential for exigencies and the lack of awareness among women workers, the legislature has incorporated a crucial safeguard in Sub-section (6) of Section 6. This provision acts as a safety net by explicitly stating that failure to give notice shall not disentitle a woman from receiving maternity benefits if she is otherwise eligible.

This sub-section empowers an Inspector, either on his own motion or upon application by the woman, to order the payment of the benefit. The intent is to prevent procedural lapses from defeating substantive rights. It reflects the benevolent nature of the Act, which places the woman’s health and well-being at its core, rather than treating procedural compliance as a strict precondition.

Moreover, it is significant to note that the employer cannot deny maternity benefits solely on the ground that the notice was not submitted in the prescribed form. Section 6(6) of the Act explicitly provides that a failure to give notice shall not disentitle a woman from receiving maternity benefits if she is otherwise eligible. This means that substance prevails over form, as long as the woman meets the qualifying criteria and provides the necessary medical evidence, her claim cannot be denied merely due to non-compliance with format or timing requirements. Any such denial may invite scrutiny and corrective action by the statutory Inspector under the Act.

Conclusion

Section 6 of the Maternity Benefit Act, 1961, successfully balances procedural compliance with empathetic safeguards for women employees. The mandate of a written notice ensures formal and transparent communication between employee and employer, while the requirement of producing medical evidence lends legitimacy and structure to the claim process.

Most importantly, the provision allowing condonation of failure to give notice, with the intervention of an Inspector, reaffirms the Act’s commitment to social justice. It ensures that procedural technicalities do not become insurmountable barriers for women who are otherwise entitled to these essential benefits. Legal practitioners and employers alike must appreciate the nuanced interplay of these clauses to ensure the seamless and rightful disbursement of maternity benefits.

Thus, the framework of Section 6 is not merely a compliance checklist but a structured support system that upholds the dignity, health, and rights of working women during a critical period of their lives.